Boca Raton, FL asked in Immigration Law for Florida

Q: I just got my green card and I want to petition for a green card for my 12 year old daughter.

Hi, I just got my green card and I want to petition for a green card for my 12 year old daughter. She is under my custody after the divorce. My daughter is in my native country right now, but has a tourist visa to enter US. Is it better to petition for her while she is outside US, or should I bring her here and then petition for her? Can I apply for adjustment of status while she is in US? Which procedure will be faster?

Thank you very much for your advice.

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1 Lawyer Answer

A: As the minor daughter of a U.S. Legal Permanent Resident, she will be placed in a "line" to get her green card if you file a Form I-130, Petition for Relative, on her behalf. Her particular line is the F2A line, for which it may take a couple of years before a green card becomes available for her. You may wish, however, to speak with a competent immigration attorney who can evaluate other lawful means by which she may be able to immigrate sooner. For example, are you married currently to a U.S. Citizen? If so, and because your daughter (based on your facts outlined above) necessarily would have been under the age of 18 at the time you married your current U.S. Citizen spouse, then your U.S. Citizen spouse might actually be able to file a petition for your child, and that case would not be subject to a "line." In that case, your child, even though a step-child, would be treated as a child of a U.S. Citizen for immigration purposes. Consider scheduling a consultation with a competent immigration attorney to discuss this and other possible alternatives to filing an F2A petition. Ultimately, however, that may be your best option. As far as your questions about visiting and pursuing adjustment of status, again, it is recommended that you speak with a competent immigration attorney. Generally, adjustment of status for one in the F2A category requires that the applicant have maintained lawful underlying nonimmigrant status from entry through the date of applying for adjustment. Moreover, one cannot intentionally use a visitor visa to enter and then pursue adjustment.

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